Germany has banned the cultivation of GM corn, claiming that MON 810 is dangerous for the environment. But that argument might not stand up in court and Berlin could face fines totalling millions of euros if American multinational Monsanto decides to challenge the prohibition on its seed.

The sowing season may be just around the corner, but this year German farmers will not be planting gentically modified crops: German Agriculture Minister Ilse Aigner announced Tuesday she was banning the cultivation of GM corn in Germany.

Under the new regulations, the cultivation of MON 810, a GM corn produced by the American biotech giant Monsanto, will be prohibited in Germany, as will the sale of its seed. Aigner told reporters Tuesday she had legitimate reasons to believe that MON 810 posed “a danger to the environment,” a position which she said the Environment Ministry also supported. In taking the step, Aigner is taking advantage of a clause in EU law which allows individual countries to impose such bans.

“Contrary to assertions stating otherwise, my decision is not politically motivated,” Aigner said, referring to reports that she had come under pressure to impose a ban from within her party, the conservative Bavaria-based Christian Social Union. She stressed that the ban should be understood as an “individual case” and not as a statement of principle regarding future policy relating to genetic engineering.

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Greenpeace and Friends of the Earth Germany (BUND) both welcomed the ban. Greenpeace’s genetic engineering expert, Stephanie Töwe, said the decision was long overdue, explaining that numerous scientific studies demonstrated that GM corn was a danger to the environment.

A d v e r t i s e m e n t

However the ban could prove costly for the German government. Experts in Aigner’s ministry recently told SPIEGEL that it will be hard to prove conclusively that MON 810 damages the environment, which could enable Monsanto to win a court case opposing the ban and potentially expose the government to €6-7 million ($7.9-9.2 million) in damages.